There are around 126.3 personal injury cases per 1,000 people each year in the US, with four deaths every 10 minutes. If you are one of the 450,540 workers injured in workplace slip and fall accidents, the most important thing to know is that there are legal time limits, known as statutes of limitations, for filing a lawsuit after being injured. These limit your time to file personal injury lawsuits seeking compensation for your injuries.
Statutes of limitations vary considerably depending on the type of claim, the state, and other factors. In general, they range from 1 to 6 years from the date of the incident. Here are some common statutes of limitations:
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Personal Injury – 2 to 3 years in most states
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Medical Malpractice – 2 to 6 years in most states
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Product Liability – 2 to 3 years in most states
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Wrongful Death – 1 to 3 years in most states
It’s critical to file your lawsuit within the applicable statute of limitations. If you fail to do so, the court will likely dismiss your case regardless of its merits.
Factors That Can Extend the Statute of Limitations on Personal Injury Cases
Certain factors may allow you to file a lawsuit even after the statute of limitations has run out:
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You did not discover the injury until later. The statute of limitations may not begin until you reasonably should have discovered the injury.
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You were legally disabled. Minors and individuals with certain mental disabilities may be given additional time to file.
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The defendant left the state. If the defendant moved out of state, the statute of limitations may be tolled.
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The claim is against a government entity. There are special rules for claims against government bodies with strict notification deadlines.
So, before assuming you’ve run out of time, talk to an attorney with experience of personal injury lawsuits to determine if any exceptions apply to your case.
Should I File a Personal Injury Lawsuit Immediately After the Injury?
There is no legal requirement to file your lawsuit immediately after being injured. It’s often better to document your damages for a stronger case thoroughly. Things to do before filing include:
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Get full medical evaluations. Imaging, blood tests, specialists, and other diagnostics can help determine the extent of the injury.
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Complete a full course of treatment – This provides evidence of all damages incurred.
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Gather evidence – Police reports, incident footage, receipts, etc. help prove liability.
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Try settling without a lawsuit – You may be able to settle for a satisfactory amount without litigation – less than 5% of personal injury lawsuits end up in court.
However, you don’t want to wait too long either. It’s best to at least consult an attorney early in the process so you don’t risk running afoul of the statute of limitations.
Consult with a Personal Injury Lawyer
The statute of limitations varies based on the specifics of each injury claim. Consulting a personal injury attorney as soon as possible after an injury helps ensure you file a lawsuit within the legally mandated timeframe if you choose to pursue that path.
Disclaimer:
CBD:
Qrius does not provide medical advice.
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) outlaws the recreational use of cannabis products in India. CBD oil, manufactured under a license issued by the Drugs and Cosmetics Act, 1940, can be legally used in India for medicinal purposes only with a prescription, subject to specific conditions. Kindly refer to the legalities here.
The information on this website is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions regarding a medical condition or treatment. Never disregard professional medical advice or delay seeking it because of something you have read on this website.
Gambling:
As per the Public Gambling Act of 1867, all Indian states, except Goa, Daman, and Sikkim, prohibit gambling. Land-based casinos are legalized in Goa and Daman under the Goa, Daman and Diu Public Gambling Act 1976. In Sikkim, land-based casinos, online gambling, and e-gaming (games of chance) are legalized under the Sikkim Online Gaming (Regulation) Rules 2009. Only some Indian states have legalized online/regular lotteries, subject to state laws. Refer to the legalities here. Horse racing and betting on horse racing, including online betting, is permitted only in licensed premises in select states. Refer to the 1996 Supreme Court judgment for more information.
This article does not endorse or express the views of Qrius and/or its staff.
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